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PRE-SCHOOL OWNERS ASS'N v. DCFS

No. 63323.

119 Ill.2d 268 (1988)

518 N.E.2d 1018

PRE-SCHOOL OWNERS ASSOCIATION OF ILLINOIS, INC., et al., Appellees, v. THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES et al., Appellants.

Supreme Court of Illinois.

Opinion filed January 19, 1988.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Roma Jones Stewart, Solicitor General, and Patricia Rosen, Assistant Attorney General, of Chicago, of counsel), for appellants.

Wood, Lucksinger & Epstein, of Chicago (Alan E. Sohn, of counsel), for appellees.

Brooke R. Whitted and Richard C. Spain, of Whitted & Spain, P.C., of Chicago, for amicus curiae Illinois Advisory Committee on Non-Public Schools.

David C. Gibbs, Jr., Charles E. Craze, Charlotte A. Cover and Thomas W. Current, of Gibbs & Craze Co., L.P.A., of Cleveland, Ohio, for amici curiae Christian Law Association and Christian Schools of Illinois.

Reversed and remanded.

JUSTICE MILLER delivered the opinion of the court:

The Pre-School Owners Association of Illinois, Inc., Burton D. Miller, and Crossroads Campus, Inc., brought this action in the circuit court of Cook County for declaratory and injunctive relief, challenging the constitutionality of certain provisions of the Child Care Act of 1969 (Ill. Rev. Stat. 1985, ch. 23, pars. 2211 through 2230) (the...

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